Mortgage and ad valorem tax payments on real property made by a related party subject to Florida sales tax.

An S corporation was owned 100% by a husband and wife; the husband purchased real property in his name to expedite the purchase, intending to transfer the property to the corporation. Since the purchase, the property has been included among the corporation’s assets and the mortgage has been included in its liabilities, with deductions claimed by the corporation for depreciation, mortgage interest payments, and property taxes. The husband did not treat the property as his personal asset, nor did he claim any deductions for it. However, the title was not transferred until seven years after the purchase. The husband and the corporation were two separate legal entities and the husband did not prove that he was acting as an agent of the corporation in purchasing the real property. Therefore, the payments made by the corporation for seven years on behalf of the husband were consideration. When separate legal entities are created to achieve advantages, sales tax is imposed in the transactions between those legal entities. (Technical Assistance Advisement 04-034, May 26, 2004)

Posted
on September 3, 2004

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